Council Regulation (EC) No 
  •Council Regulation (EC) No 
   2201/2003 of 27 November 2003 
   2201/2003 of 27 November 2003 
   concerning jurisdiction and the 
   concerning jurisdiction and the 
   recognition and enforcement of 
   recognition and enforcement of 
   judgments in matrimonial 
   judgments in matrimonial 
   matters and the matters of 
   matters and the matters of 
   parental responsibility, repealing 
   parental responsibility, repealing 
   Regulation (EC) No 1347/2000
   Regulation (EC) No 1347/2000
                 2201/2003
                 2201/2003
   • In matters relating to divorce, legal separation or marriage annulment, jurisdiction 
     In matters relating to divorce, legal separation or marriage annulment, jurisdiction 
     shall lie with the courts of the Member State
     shall lie with the courts of the Member State
   • (a) in whose territory:
     (a) in whose territory:
   • - the spouses are habitually resident, or
     - the spouses are habitually resident, or
   • - the spouses were last habitually resident, insofar as one of them still resides 
     - the spouses were last habitually resident, insofar as one of them still resides 
     there, or
     there, or
   • - the respondent is habitually resident, or
     - the respondent is habitually resident, or
   • - in the event of a joint application, either of the spouses is habitually resident, or
     - in the event of a joint application, either of the spouses is habitually resident, or
   • - the applicant is habitually resident if he or she resided there for at least a year 
     - the applicant is habitually resident if he or she resided there for at least a year 
     immediately before the application was made, or
     immediately before the application was made, or
   • - the applicant is habitually resident if he or she resided there for at least six 
     - the applicant is habitually resident if he or she resided there for at least six 
     months immediately before the application was made and is either a national of 
     months immediately before the application was made and is either a national of 
     the Member State in question or, in the case of the United Kingdom and Ireland, 
     the Member State in question or, in the case of the United Kingdom and Ireland, 
     has his or her "domicile" there;
     has his or her "domicile" there;
   • (b) of the nationality of both spouses or, in the case of the United Kingdom and 
     (b) of the nationality of both spouses or, in the case of the United Kingdom and 
     Ireland, of the "domicile" of both spouses.
     Ireland, of the "domicile" of both spouses.
          2201/2003
          2201/2003
  •Article 8
   Article 8
  •General jurisdiction
   General jurisdiction
  •1. The courts of a Member State shall 
   1. The courts of a Member State shall 
   have jurisdiction in matters of 
   have jurisdiction in matters of 
   parental responsibility over a child 
   parental responsibility over a child 
   who is habitually resident in that 
   who is habitually resident in that 
   Member State at the time the court is 
   Member State at the time the court is 
   seized.
   seized.
          2201/2003
          2201/2003
  •Problems:
   Problems:
  • favor divortii
    favor divortii
  •legal kidnapping; 
   legal kidnapping; 
  •recognition of judgements; 
   recognition of judgements; 
  •protection of rights of family 
   protection of rights of family 
   members and in particular of rights 
   members and in particular of rights 
   of the child
   of the child
      2201/2003 and 2001 
      2201/2003 and 2001 
    Charter of fundamental 
     Charter of fundamental 
             rights
             rights
  •(33) This Regulation recognises the 
    (33) This Regulation recognises the 
    fundamental rights and observes the 
    fundamental rights and observes the 
    principles of the Charter of Fundamental 
    principles of the Charter of Fundamental 
    Rights of the European Union. In 
    Rights of the European Union. In 
    particular, it seeks to ensure respect for 
    particular, it seeks to ensure respect for 
    the fundamental rights of the child as set 
    the fundamental rights of the child as set 
    out in Article 24 of the Charter of 
    out in Article 24 of the Charter of 
    Fundamental Rights of the European 
    Fundamental Rights of the European 
    Union,
    Union,